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RPVCCA_CC_DM_2011_07_19_B_Draft_Mins_20110621DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 21,2011 The meeting was called to order at 6:00 P.M.by Mayor Long at Fred Hesse Community Park,29301 Hawthorne Boulevard,and was immediately recessed into Closed Session. The meeting reconvened at 7:48 P.M. City Council roll call was answered as follows: PRESENT:Campbell,Misetich,Stern,Wolowicz,and Mayor Long ABSENT:None Also present were:Carolyn Lehr,City Manager;Carolynn Petru,Deputy City Manager; Carol Lynch,City Attorney;Dennis McLean,Director of Finance/Information Technology (IT);Joel Rojas,Community Development Director;Tom Odom,Director of Recreation and Parks/Deputy Director of Public Works;Kathryn Downs,Deputy Director of Finance/lT;Ara Mihranian,Deputy Community Development Director;Nicole Jules, Senior Engineer;Leza Mikhail,Associate Planner;Eric Mausser,Human Resources Manager;Lauren Ramezani,Senior Administrative Analyst;Judy Huey,Senior Administrative Analyst;Holly Starr,Recreation Services Manager;and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Renee Cartwright,President,Los Serenos de Pt.Vicente Docents. MAYOR'S ANNOUNCEMENTS: Mayor Long thanked and presented a proclamation to Jon Cartwright for his many years of volunteer service to the residents of the City and his distinguished achievements as President of the Rancho Palos Verdes Council of Homeowners Associations (CHOA). Mr.Cartwright thanked Council for the recognition and support over the years to CHOA and acknowledged the efforts of the CHOA Board and members of the organization. Mayor Long announced that Terranea Resort General Manager Terri Haack was recently honored by receiving the General Manager of the Year Award by the American Hotel and Lodging Association in Atlanta,Georgia. RECYCLE DRAWING: Draft City Council Minutes June 21,2011 Page 1 of 18 B-1 Mayor Long announced Recyclers of the Month from the June 7,2011 City Council meeting:Henry De Cambra and Sam Kraus.He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. APPROVAL OF THE AGENDA: Councilman Stern moved,seconded by Councilman Wolowicz,to approve the agenda. Without objection,Mayor Long so ordered. PUBLIC COMMENTS:(For Items not on the Agenda) Lois Karp,Rancho Palos Verdes,stated that Marymount College was out of compliance with their Conditional Use Permit (CUP)by allowing the operation of a Day Camp by the Peninsula Bay Cities (PBC)on its campus during the summer.She noted that she would like a response from staff regarding this issue. Community Development Director Rojas stated that the issue was being investigated by Code Enforcement staff and a response would be forthcoming later in the week. George Zugsmith,Rancho Palos Verdes, stated that the PBC Day Camp is using the Marymount College campus as a swim club for participants from ages 4 to 14,does not pertain to higher education,and could possibly be commercial in nature,which is a violation of the CUP. CITY MANAGER REPORT: Deputy City Manager Petru provided a report on the recent conveyance of the Marilyn Ryan Sunset Point Park and Trump Beach properties from VH Properties to the City. She noted Trump National would continue maintenance of the Marilyn Ryan Sunset Point Park,and the City was investigating the provision of signage and trash receptacles at the beach,as well as lifeguard and Park Ranger services. City Manager Lehr announced that RPV TV Producer Maria Serrao and Station Manager Mark Doddy received two Telly Awards for 2011 for videos regarding the following:1)ASAP Sheriff Squad Car;and,2)Playing the Field. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Draft City Council Minutes June 21,2011 Page 2 of 18 B-2 City Clerk Morreale reported that there was late correspondence distributed prior to the meeting regarding Item F (Approval of a One Year License Agreement between the City and the Portuguese Bend Cooperative Nursery School);Item J (Contract Amendment No.2 for the Environmental Review of the Proposed Point View Agriculture,Golf Course and Event Garden Master Plan Project);and,Item K (Agreement with the City of Palos Verdes Estates for Radio Transmission/Receiver Antennas and Equipment at Rancho Palos Verdes City Hall).She added that there was one request to speak regarding Item L (Adoption of Ordinance No.522 -Increased UPCCAA Informal Bid Limit). Mayor Long noted that pursuant to the Rules of Procedure,as there is a request to speak on Item No.L,it would be heard immediately after the Consent Calendar. Councilman Wolowicz moved,seconded by Councilman Stern,to approve the Consent Calendar with Item L removed and placed immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of Minutes Approved the Minutes of the May 17,2011 Regular Meeting. 2011 Five-Year Capital Improvement Plan Adopted the 2011 Five-Year Capital Improvement Plan (CIP). 2011 Five-Year Financial Model 1)Approved the 2011 Five-Year Financial Model (2011 Model);and,2)Determined that the utility users'tax (UUT)rate of 3%continues to be a necessary General Fund revenue source,and that the current rate of 3%should be maintained. Annual Appropriation Limit for FY11-12 Draft City Council Minutes June 21,2011 Page 3 of 18 B-3 ADOPTED RESOLUTION NO.2011-37,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FY11-12. Approval of a One Year License Agreement between the City and the Portuguese Bend Cooperative Nursery School Approved and authorized the Mayor to execute the agreement between the City and the Portuguese Bend Cooperative Nursery School. Notice of Completion -Power Generator System Installation Project at Point Vicente Interpretive Center (PVIC)and Hesse Park 1)Accepted the project as complete;2)Authorized the City Clerk to file a Notice of Completion with the County Recorder;and if no claims are filed within 35 days after recordation,and upon the contractor posting an acceptable warranty bond,notice the surety company to exonerate the Payment and Performance Bonds;and,3)Authorized the Director of Public Works to release the 10%retention payment in the amount of $15,078.83 to Best Electric,Inc.35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project,and the contractor posting an acceptable warranty bond. One-Year Extension of the Contract with Federal Advocates,Inc.for Federal Advocacy Services Related to the San Ramon Canyon Stabilization Project Authorized the Mayor and City Clerk to sign the agreement with Federal Advocates, Inc.,thereby mutually agreeing to a 1-year extension of the existing Professional Services Agreement through FY 2011-12. Register of Demands ADOPTED RESOLUTION NO.2011-38,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Contract Amendment No.2 for the Environmental Review of the Proposed Point View Agriculture,Golf Course and Event Garden Master Plan Project Authorized the Mayor and the City Clerk to sign Amendment NO.2 to the professional services agreement with PCR Services Corporation for an additional amount not to exceed $14,812 to complete a new noise study as part of the environmental review of the Point View Agriculture and Golf Course Master Plan Project on property located at Draft City Council Minutes June 21,2011 Page 4 of 18 B-4 6001 Palos Verdes Drive South (known commonly as the Point View property),which will be paid for by the applicant (York Point View Properties,LLC). Agreement with the City of Palos Verdes Estates for Radio Transmission/ Receiver Antennas and Equipment at Rancho Palos Verdes City Hall 1)Approved the Agreement between the City of Rancho Palos Verdes and the City of Palos Verdes Estates for the installation and use of radio transmission/receiver equipment at the Rancho Palos Verdes'City Hall;and,2)Authorized the Mayor and City Clerk to execute the Agreement. Adoption of Ordinance No.522 -Increased UPCCAA Informal Bid Limit This item was removed from the Consent Calendar for separate consideration. Program Supplement Agreement No.N010 for Palos Verdes Drive South Bikeway Safety Improvements Approved the Program Supplement Agreement No.N010 for the Palos Verdes Drive South Bikeway Safety Improvement project;and,2)ADOPT RESOLUTION NO.2011- 39,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,APPROVING PROGRAM SUPPLEMENT AGREEMENT NO.N010 FOR PARTIAL FEDERAL FUNDING OF THE PALOS VERDES DRIVE SOUTH BIKEWAY SAFETY IMPROVEMENT PROJECT. Approve Contract for Professional Services with KOA Corporation/CBM Consulting -San Ramon Canyon Project 1)Awarded a contract for Professional Services to KOA Corporation/CBM Consulting for an amount up to $70,000 for Project Management services for the San Ramon Canyon Storm Drain Project;and,2)Authorized the Mayor and City Clerk to execute a contract for Professional Services with KOA Corporation/CBM Consulting for an amount not to exceed $70,000. Water Quality and Flood Protection Program -Public Hearing for Annual User Fee Rate FY11-12 ADOPTED RESOLUTION NO.2011-40,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN CONNECTION WITH THE PROPOSED LEVY OF THE ANNUAL STORM DRAIN USER FEE FOR FISCAL YEAR 2011-12. November 8,2011 General Municipal Election 1)ADOPTED RESOLUTION NO.2011-41,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,CALIFORNIA,CALLING FOR THE Draft City Council Minutes June 21,2011 Page 5 of 18 B-5 HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,2011,FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;2)ADOPTED RESOLUTION NO.2011-42,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 8,2011 WITH THE SCHOOL DISTRICT AND LIBRARY DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE;and,3)ADOPTED RESOLUTION NO. 2011-43,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,CALIFORNIA,ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES'STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,2011. Unclaimed Deposits Approved the transfer of $26,708.56 from the Trust Deposits Excess Funds account to the General Fund. ####### ITEM REMOVED FROM THE CONSENT CALENDAR: Adoption of Ordinance No.522 -Increased UPCCAA Informal Bid Limit City Attorney Lynch provided a brief summary report regarding this item. Ken Dyda,Rancho Palos Verdes,stated that he was not in favor of the City adopting an ordinance that allows an oral bid process for contracts between $30,000 and $175,000. He noted that he was in favor of a procedure requiring written documentation associated with bids for contracts in this price range. Discussion ensued between Council Members and staff. Councilman Wolowicz moved,seconded by Councilman Stern,to ADOPT ORDINANCE NO.522,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,AMENDING SECTION 2.42.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE INFORMAL BID LIMIT AS PERMITTED BY THE STATE AND REMOVE THE INFORMAL BID LIMIT EXCEPTION. The motion passed on the following roll call vote: Draft City Council Minutes June 21,2011 Page 6 of 18 B-6 AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None PUBLIC HEARINGS: Adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2011-12 City Clerk Morreale reported that notice of the public hearing was duly published,no written protests received,late correspondence distributed prior to the meeting,and there was one request to speak on this item. Deputy Director of Finance/IT Downs provided a brief staff report regarding this item. Mayor Long declared the public hearing open. Sharon Yarber,Rancho Palos Verdes,stated that she was not in favor of any increase in employee salaries or salary ranges. Mayor Long declared the public hearing closed. Councilman Stern moved,seconded by Mayor Long,to adopt the City Budget and Employee Salary Ranges for Fiscal Year 2011-2012. Mayor Pro Tern Misetich stated that regarding the adoption of the budget,he was in favor of the replacement of the oven and hood in the Hesse Park kitchen for Code compliance,but not in favor of the full $35,000 expenditure. Councilman Campbell reported that at the last meeting he voted in favor of the budget, but was not in favor of the merit pay and Cost of Living Allowance (COLA)increase for the employees. Mayor Long noted that there would be a split vote for the kitchen expenditure of $35,000 and the merit pay and COLA increase for the employees. Mayor Long declared the public hearing closed. Mayor Long stated that the first vote would be regarding the expenditure of $35,000 for Hesse Park kitchen improvements.He noted that a yes vote was in favor of the expenditure of $35,000 for the kitchen improvements and a no vote was opposed. The motion passed on the following roll call vote: Draft City Council Minutes June 21,2011 Page 7 of 18 B-7 AYES: NOES: ABSENT: ABSTAIN: Stern,Wolowicz,and Mayor Long Campbell and Misetich None None Mayor Long stated that the next issue to be voted on was regarding the salary increases as set forth in the budget;he noted a yes vote was in favor of the salary increases,and a no vote was opposed. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Stern,Wolowicz,and Mayor Long Campbell and Misetich None None Mayor Long stated that the final vote was on the adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2011-12,as a whole. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Citywide Landscaping and Lighting Maintenance District City Clerk Morreale reported that notice of the public hearing was duly published,no written protests received,and there were no requests to speak on this item. Mayor Long declared the public hearing open. Councilman Stern moved to waive the staff report. Without objection,Mayor Long so ordered. As there were no requests to speak regarding this item,Mayor Long declared the public hearing closed. Councilman Stern moved,seconded by Councilman Wolowicz,to adopt the staff recommendation to:1)Conduct a public hearing on proposed levy and collection of assessments within the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2011-2012 and the Engineer's Report prepared in connection therewith; Draft City Council Minutes June 21,2011 Page 8 of 18 B-8 and;2)ADOPT RESOLUTION NO.2011-44,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2011-12 FISCAL YEAR CONNECTION WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Residential Solid Waste and Recycling Rate Adjustment for EDCO Disposal Corporation for FY11·12 City Clerk Morreale reported that notice of the public hearing was duly published,no written protests received,and there were no requests to speak on this item. Senior Administrative Analyst Ramezani provided a brief staff report. Mayor Long declared the public hearing open. There were no requests to speak. Mayor Long declared the public hearing closed. Councilman Stern moved,seconded by Councilman Wolowicz,to:1)Approve the maximum permissible rates that EDCO Disposal Corporation can charge single-family and multi-family customers in FY 11-12;and,2)Increase the City's FY 11-12 Collector and Environmental Fees,paid by EDCO,by $16,835 and $4,255,respectively. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Stern,Wolowicz,and Mayor Long Campbell and Misetich None None Residential Solid Waste and Recycling Rate Adjustment for Universal Waste Systems,Inc.FY11·12 Draft City Council Minutes June 21,2011 Page 9 of 18 B-9 City Clerk Morreale reported that notice of the public hearing was duly published,no written protests received,and there were no requests to speak on this item. Mayor Long declared the public hearing open. Senior Administrative Analyst Ramezani provided a brief staff report. There were no requests to speak. Mayor Long declared the public hearing closed. Councilman Stern moved,seconded by Councilman Wolowicz,to:1)Approve the maximum permissible rates that Universal Waste Systems,Inc.can charge single- family automated curbside customers in FY 11-12.These maximum rates to match EDCO Disposal Corporation's single-family automated carts maximum rates; 2)Approve the maximum permissible rates that Universal Waste Systems,Inc.can charge multi-family,manual backyard and manure customers in FY 11-12;and, 3)Match Universal Waste Systems,Inc.'s distribution of Collector Fee and Environmental Fee percentages among City funds,to EDCO Disposal Corporation's approved distribution percentages.. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long Campbell None None Terranea Resort and Spa - 6 Month Review of Conditions of Approval and an Amendment to the Public Amenities Plan to Allow the Installation of a Pelican Sculpture at the Public Park City Clerk Morreale reported that notice of the public hearing was duly published,written protests were included in the staff report and late correspondence distributed prior to the meeting,and there were 10 requests to speak on this item. Deputy Community Development Director Mihranian provided a staff report regarding the item. Discussion ensued between Council Members and staff. Mayor Long declared the public hearing open. Draft City Council Minutes June 21,2011 Page 10 of 18 B-10 Bob Mucha,Rancho Palos Verdes,stated that there should be no wildlife habitat in the median and curbside roadway sections from Terranea Way to the east end of the Fisherman's Access Parking Lot;the wildlife migration path is a narrow funnel area flanked by the west end of Terranea Golf Course and the east end of the Fisherman's Access Parking Lot;and although the Coastal Commission condition states that the plant species are to be predominantly coastal sage scrub plants,that could include a mix of sage and deer grass. Bob Lowe,Rancho Palos Verdes,stated that Terranea Resort was pleased and proud of the two-way partnership with the City and residents of the entire Peninsula,noting that Terranea Resort supports multiple community organizations and many local charities.He reported that Terranea Resort has benefited from the partnership with the community,and during the initial two-year period has paid $5 million in Transient Occupancy Tax and approximately $1 million in additional taxes to the City.He continued that as reflected in the staff report,there have been almost no issues regarding the operating conditions of Terranea,and noted that Terranea supports the biologist's recommendations regarding the coastal sage scrub native habitat along PVDS,but will comply with Council decision regarding that matter.He reported that he appreciated the City's cooperation in allowing Terranea's associates the use of the City parking lot on a few occasions each year when parking issues arise due to activities at the Resort.He reported on the recognition,multiple awards,and the Four Diamond Rating by Automobile Club of Southern California (AAA)received by Terranea Resort for its hotel facility and golf course. Dave Emenhiser,Rancho Palos Verdes,President,Sea Bluff Homeowners Association (HOA),stated that he was present to speak in support of the Terranea Resort,and highlighted various examples regarding Terranea Resort's cooperation as a good neighbor. Sharon Yarber,Rancho Palos Verdes,stated that she supports the enhancement of Terranea Resort to the community and inquired if the Coastal Commission has weighed in on the botanist's recommendations regarding the adequate height and density of the coastal sage scrub plants. Deputy Community Development Director Mihranian noted that the Coastal Commission is in agreement with the biologist's recommendations. Bob Nelson,Rancho Palos Verdes,stated that his HOA is a neighbor of Terranea Resort and suggested that Council consider the use of the Palos Verdes Peninsula Land Conservancyon an annual basis to review the height of the native plants to determine if there are view obstructions caused by the habitat. Edward Stevens,Rancho Palos Verdes,stated that the coastal sage shrubbery will block the view of the Terranea Resort and the ocean and suggested that a second Draft City Council Minutes June 21,2011 Page 11 of 18 B-11 biologist be consulted regarding the height of the native plants.He opined that birds will not migrate across the busy street or nest in that area due to the traffic of automobiles, bicycles and pedestrians.He read from the Coastal Commission general provisions regarding the maintenance of views through the view corridors and suggested a continuance of the matter for additional research. Lenee Bilski,Rancho Palos Verdes,requested a continuance of the item to allow further time for the public to comment on the height of the habitat and conditions of approval for the development.She stated that the general provisions of the Coastal Commission conditions noted that planting will maintain views from PVDS along the bluffs through the view corridors,the landscape plan could be revised,and there were approximately 100 varieties of coastal sage scrub. AI Sattler,Rancho Palos Verdes,stated that the height of the natural habitat in the PowerPoint slides seems to only obstruct the view of the T erranea Resort and not the ocean and commented on possible times and height of trimming of the coastal sage scrub. RECESS AND RECONVENE: Mayor Long called a brief recess from 9:27 P.M.to 9:35 P.M. Discussion ensued between Council Members and staff. Councilman Wolowicz moved,seconded by Councilman Stern,to:1)Receive and file the 6-month review of the compliance and adequacy of the Council adopted Conditions of Approval for the Terranea Resort and Spa with direction to the applicant to take the following actions:a)Install additional trail markers along the Bluff Top Trail and b)Install additional trail markers along the Bluff Top Trail;and,b)Install an additional mutt mitt station at the trail entry point of Nantasket Drive;2)Direct Staff to bring back a Resolution for adoption at its July 5,2011 meeting amending Condition No.1 00 to increase the maximum permitted height of vegetation along Palos Verdes Drive South from 1-foot to 30-inches;amending Condition Nos.78 and 79 to establish a time period for trimming the vegetation along Palos Verdes Drive South;and making any other amendments to the conditions of approval directed by the City Council as a result of this 6-month review;and,3)Approve,via minute order,an amendment to the Council adopted Public Amenities Plan to allow the installation of a Pelican Sculpture donated to the Palos Verdes Peninsula Land Conservancy by the Ginsburg family at the Terranea public park adjacent to the Fishing Access Parking Lot. Mayor Pro Tem Misetich requested a split vote on the motion regarding the height of the habitat. Draft City Council Minutes June 21,2011 Page 12 of 18 B-12 Mayor Long offered a friendly amendment to adopt staff recommendation regarding the height of the native habitat to be at 30 inches with a review of the condition after 1 year. The maker and seconder of the motion accepted the friendly amendment. Mayor Pro Tem Misetich stated that he would like a split vote on the motion regarding the height of the native habitat to be no higher than 24 inches to maintain a better view corridor. Mayor Long declared the public hearing closed. Mayor Long reiterated the first motion as the adoption of staff recommendation No.2 regarding the height of the native habitat to be at 30 inches with a review of the condition after 1 year. The motion passed on the following roll call vote: AYES: .NOES: ABSENT: ABSTAIN: Campbell,Stern,Wolowicz,and Mayor Long Misetich None None The motion regarding staff recommendation Nos.1 and 3 passed on the following roll vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None City Attorney Lynch added that a resolution commemorating Council's action will be placed on the next Council agenda. REGULAR BUSINESS: Code Amendment Initiation Request to Allow Ancillary Residential Use within Commercial Zoning Districts (Case No.ZON2011-00089);Applicant:Paris Zarrabian (Golden Cove Center);Property Address:Citywide City Clerk Morreale reported that there was one request to speak regarding this item. Associate Planner Mikhail presented a staff report regarding the item. Draft City Council Minutes June 21,2011 Page 13 of 18 B-13 Discussion ensued between Council Members and staff. Nelson Coronado,Property Manager,Golden Cove Center,LLC,Rancho Palos Verdes, stated the owners have requested the ability to create the ancillary residential units due to poor visibility of the spaces,concerns regarding vacant commercial space pertaining to vandalism and safety at the area,and difficulty in staff finding affordable housing in the area. Ken Dyda,Rancho Palos Verdes,suggested that the Council consider the option of a residential overlay district for a specific commercial area so that this use would not have to apply citywide. Discussion ensued between Council and staff. Councilman Wolowicz moved,seconded by Mayor Pro Tem Misetich,directed staff to initiate the proposed Code Amendment Request,as amended,to draft an ordinance that would allow ancillary residential uses within commercially zoned properties through the discretionary review and approval of a Conditional Use Permit (CUP),and create the necessary Ancillary Residential Development Standards within Title 17 (Zoning)of the RPV Municipal Code,including the following:1)limiting the amount of ancillary residential use to 5 percent of the total building square footage;2)provisions included for apartment housing,but not allowing hotel or transient use;3)provisions for the units to be counted towards meeting the City's Regional Housing Needs Assessment requirement;and,4)a provision to limit the ancillary residential use to locations not directly facing a street. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None RECESS AND RECONVENE: Mayor Long called a brief recess from 10:24 P.M.to 10:32 P.M. Annenberg Project at Lower Point Vicente -Project Status Update City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 14 requests to speak regarding this item. Draft City Council Minutes June 21,2011 Page 14 of 18 B-14 Deputy Community Development Director Mihranian provided a staff report regarding a status update for the Annenberg Project at Lower Pt.Vicente. Discussion ensued between Council Members and staff. Cinthia Joyce,stated that she was in support of enhancing the Pt.Vicente Interpretive Museum with the addition of the gift that the Annenberg Foundation is offering to the City.She stated that the buildings will be beautiful,unobtrusive,and will offer educational benefits to the community. Andrea Sala,stated that she is in support of the Annenberg Project,and that the project would be a wonderful benefit to the community. Vic Quirarte,Rancho Palos Verdes,stated that he has long been a proponent of the Annenberg Project,and 8 years ago the Council approved a project including exhibits of a Tonga village,a geology area,and an anthropology dig at the site.He concluded that with the addition of the Annenberg Project,the City will be second to none in Southern California for such a venue. Kirk Retz,Rolling Hills Estates,stated he was in favor of the project and that the Annenberg has been willing to listen to the community,Office of Grants and Local Services (OGALS)and National Park Service (NPS)and has modified the project. Mary Jane Schoenheider,Palos Verdes Estates,stated that she continues to support the Annenberg Project at Lower Pt.Vicente Interpretive Center,noting that the opportunity of educational aspects,watershed management improvements,and recreational facility including walking trails,noting that the Project enhances the open space area at Pt.Vicente. Pam Crane,Rolling Hills,stated that she was in support of the Annenberg Project as an enhancement of the site and to the community. Sharon Yarber,Rancho Palos Verdes,stated that she was opposed to the Annenberg Project and noted that staff was directed to submit a formal application for this project to OGALS and NPS including California Environmental Quality Act (CEQA)studies and that action has not taken place. Marilee Tadler,Rancho Palos Verdes, stated that she has not been involved in City business in the past 30 years,was not in favor of the Trump or Terranea Project,but now enjoys the sites and plans to be involved in the Annenberg Project. Valerie Blitz,Rancho Palos Verdes,stated that she desires that the Council initiate a vote as soon as possible to determine that the Annenberg Proposal does not comply with the City's General Plan and terminate the proposal for Lower Pt.Vicente. Draft City Council Minutes June 21,2011 Page 15 of 18 B-15 Lenee Bilski,Save Lower Pt.Vicente,Rancho Palos Verdes,stated that she opposes the Annenberg Proposal at Lower Pt.Vicente and noted that three governmental agencies have serious concerns regarding the Annenberg Project as it threatens the park at Lower Pt.Vicente.She read from a publication of Defensive Place,an organization which opposes the Annenberg Project. Holly Cain,Rancho Palos Verdes,stated that the Annenberg Project is a fine project, but that Lower Pt.Vicente was not the proper location for the Project,as the Project is in conflict with the longstanding restrictions that exist with the property. Robert Uram,Attorney,Sheppard,Mullin,Richter &Hampton,LLP,Annenberg Foundation,stated that he has been working with OGALS and NPS to explore the legal requirements regarding the Park Service approval process and focus on the Program of Utilization,the Land and Water Conversation Fund,and the National Environmental Policy Act (NEPA)process.He discussed the possible options for consideration during the review process. Councilman Campbell moved,seconded by Mayor Pro Tem Misetich,to receive and file a status update on the current discussions with the Office of Grants and Local Services (OGALS)and the National Park Service (NPS)on the potential filing of a future application for the proposed Annenberg Project at Lower Point Vicente. Without objection,Mayor Long so ordered. FY 11-12 Los Angeles County Sheriff's Contract Deputy City Manager Petru provided a staff report regarding this item. Discussion ensued between Council Members and staff. City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Ken Dyda,Rancho Palos Verdes,stated that if the accounting process has been corrected for the Regional Sheriff traffic tickets and included in the current budget,he opined the additional funds should be used for an extra Sheriff Deputy. Tom Redfield,R &R Coalition,Rancho Palos Verdes,commented on the remarkable accomplishments of the City having a dedicated traffic Sheriff Deputy,noted the Sheriff Department was in the state of flux with many changes,and that the staff should be directed to analyze the Sheriff costs while continuing to focus on traffic enforcement and safety of the City. Draft City Council Minutes June 21,2011 Page 16 of 18 B-16 Council and staff discussion continued. Councilman Stern moved, seconded by Mayor Pro Tem Misetich,to approve staff recommendation to:1)Authorize the Mayor to sign the FY 11-12 Law Enforcement Services Agreement for the Peninsula Region (Rancho Palos Verdes,Rolling Hills,and Rolling Hills Estates);and,2)Authorize the City Manager to sign the FY 11-12 Rancho Palos Verdes Deployment Survey with the Los Angeles County Sheriff's Department. Councilman Wolowicz moved a substitute motion,seconded by Councilman Campbell, to add a fourth regional Sheriff or exclusive traffic deputy in the FY11-12 Budget. The substitute motion failed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell and Wolowicz Misetich,Stern and Mayor Long None None The main motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Council Direction regarding Request to Schedule Future Agenda Items on Various Policy Matters Councilman Campbell provided a brief oral staff report regarding this item.He stated that he would like the following topics agendized for Council discussion:1)Holding off on the recruitment of vacant staff positions until the new Pension Program is in place;2) Review of the every other Friday off Policy to determine if it is in the best interest of the residents;and,3)Detailed contingency plan for hot weather or waterline breaks in case there is a need for a short term relocation.He noted that he withdrew his suggestion regarding Pension Revision since that item was coming forward soon. Discussion ensued between Council Members and staff. Via Minute Order,Council provided direction to staff to:1)Agendize the topic of a deferral of recruitment for currently vacant staff positions;and,2)Directed Councilman Campbell to meet with the City Manager and senior staff regarding the following issues: a)Review of the every other Friday off policy;and,b)Detailed contingency or short term relocation plan for hot weather or other City Hall emergencies. Draft City Council Minutes June 21,2011 Page 17 of 18 B-17 CITY COUNCIL ORAL REPORTS: Each of the Council Members reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on June 7, 2011,except for Councilman Campbell who noted he would submit his report in writing. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items:1)With respect to the first item regarding the Monks and Enstedt cases,a report was provided and no action taken;and,2)With respect to the second item regarding the City Manager's Performance Evaluation,Council discussed the evaluation and unanimous direction was given to the City Attorney to prepare an amendment to the City Manager's agreement,with all Council Members present. ADJOURNMENT: At 12:28 A.M.,Mayor Long adjourned the meeting. Mayor Attest: City Clerk W:\City Council Minutes\2011\20110621 DRAFT CC MINS.doc Draft City Council Minutes June 21,2011 Page 18 of 18 B-18